DOCSLIB.ORG

The Freedom of Speech Vs the Right to Discriminate; American and French Policy on Banning Muslim Religious Attire”

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Freedom of Speech Vs the Right to Discriminate; American and French Policy on Banning Muslim Religious Attire” “The Freedom of Speech Vs the Right to Discriminate; American and French Policy on banning Muslim Religious Attire” Cortni Holthaus A New Middle East Spring 2016 3/31/2016 From hijab bans to TSA patdowns, the American and French government have shown no tolerance whatsoever to the people in the Muslim community in the aftermath of terror events such as 9/11 and the 2015 Paris Attack. In my essay, I explain why the American and French government have responded to these events the way they did, how it negatively affects Muslim people, and how the problem should be solved instead. The first and fourteenth amendments of the U.S Constitution, according to the American Civil Liberties Union, gives religious Muslim women the right to wear hijab, because there can be no state or federal law which prohibits this activity. However, there is a major caveat in this amendment; Sometimes, in a building like a school or an airport, hijab is not allowed, along with headscarves. This is because these public buildings often have a rule of no head coverings, and wearing hijab can be perceived as a safety issue, as the garment is loose, and items could potentially be stored under it. In the US' laws and French laws surrounding the right to religious attire, the laws are often contradicting, and can be interpreted many different ways by the governments and other national institutions. My goal is to explain why the U.S and French are inherently Islamophobic towards Muslim clothing, and explain what can be done in order to ameliorate this problem, taking in mind the recent terror attacks in Paris, and of past events such as 9/11. [1] All things considered, the government's refusal to accommodate for religious attire is very intolerant of Muslims and would seem to support the stereotype that all Muslims who wear hijab are automatically involved in terrorism and are plotting massive murder sprees, or preparing for a suicide bombing. Eight years ago, in 2008, Lisa Valentine was trying to attend a traffic hearing for her nephew, but was not permitted to enter the courtroom due to her headscarf. Valentine then tried to leave, when she was detained by security officers of the courtroom and brought before the Judge Keith Rollins, who sentenced her to ten days of incarceration for contempt of court. One question here is, how is it that 1. (ACLU, 2010) refusing to take off a headscarf is a contempt of court, when it is supposedly permitted under the first and fourteenth amendments? [2] Going back to the American Civil Liberties Union article, “Discrimination Against Muslim Women-Fact Sheet,” overall there is an astounding amount of places where a girl or woman can be denied the right to wear a hijab or headscarf. These include, but are not limited to, schools and universities, jails, courthouses, athletic events, certain occupations, and many public buildings and attractions like amusement parks and swimming pools. [1] One extreme example of this discrimination in America's laws is when in 2011, there was a large brawl at the New York Rye Playland after a group of Muslim women, accompanied with Muslim men as well, refused to remove their headscarves before going on the rides at the park. This led to a large argument among the group of Muslims with local police officers which then spiraled into a large scale fight. According to Ayman Alrabah, she and her sister did not know of the rules prohibiting headscarves before getting to the ride, stating, “We requested a refund and all of a sudden an argument became a riot.”The amusement park's response to the treatment of the group was very apathetic with the park official Peter Tartaglia issuing the statement, “We respect the religious purpose of wearing it, but we have several rides that you cannot go on with any sort of headgear,” after discussing how the rules are for a safety purpose, as opposed to religious discrimination. [3] 1. (ACLU, 2010) 2. (Nasaw, 2008a) 3. (Duell, M. and Whitwell, L, 2011) In the case of safety purposes, it is understandable that the Rye Playland park had the right to .refuse service to the group of Muslims and to not permit them onto the ride, but the reactions they received from the local law enforcement was too overpowered, and certainly not necessary to cause as big of a scene. Referring to the treatment the cops gave the group, Ayman Albrah tells us, Cops came. They were hitting my brother, my dad. My husband was on the floor and they were handcuffing him.Previously in the article, one Muslim claimed as well, It's clear, this all happened because we're Muslim. [3] The statement of the police brutality occurring because the visitors were Muslim brings up the argument of whether or not law enforcement treats each citizen equally under the law, or is inherently racist and discriminatory. In the Washington Post article, “Being a cop showed me just how racist and violent the police are. There's only one fix,” by former police officer Redditt Hudson, Hudson describes his induction as a police officer in St. Louis, Missouri and his experience with racism while on the job. One prime example Hudson provides is how other officers were involved in the website exclusively for St. Louis officers called Coptalk, where “Cops routinely called anyone of color a “thug,” whether they were the victim or just a bystander.” This of course falls under the spectrum of racial profiling, which is just as damaging to a society as religious profiling is; They both prevent healthy relationships between people 3. (Duell, M. and Whitwell, L, 2011) internationally, and contribute to a massive amount of violence and harm to the victims involved. [4] Hudson claims that; The problem is that cops aren't held accountable for their actions, and they know it. These officers violate rights with impunity. They know there's a different criminal justice system for civilians and police.[4] He also says that many of the trials for excessive force or breaking a suspect's rights are brought forth often by a police officer's close colleagues, who would give the trial a biased opinion, which would only favor the officer most certainly, preventing the suspect from receiving a fair trial. [4] As stated before, police officers do not only profile people of color, but also of religion. The Free Thought organization's article, “So It Begins: Cop Threatens To Arrest Muslim Woman For Wearing A Hijab” by Claire Bernish, Bernish describes a shocking scene of Islamophobia post Paris and Brussels attacks. A Muslim woman wearing hijab in a public library in Washington D.C was asked by a police officer to remove her hijab, and given an ultimatum to either leave immediately, or to be escorted out by the officer. Bernish explains how this Islamophobia will only make the West's experience with terrorist attacks much worse, claiming 4. (Hudson, R, 2014) Any group subjected to continuous discrimination and constant denigration will first experience fear, but eventually that fear begins to translate to resentment. When resentment builds to an ultimate level, it tends to translate to action-not in carrying out a terrorist attack, but in a more insidious way.[5] Returning to the first article about Women's freedom to wear hijab, this denigration as described by Bernish is what causes many young women to join Daesh, because Daesh offers a way out for these women, and promises of better lifestyles if they simply join the group. [1] [5] The Business Insider article tells us that the way out for these women is not only in becoming married to jihadi fighters in the article, “ISIS is luring Western women with troubling simplicity” by Danica Kirka. Kirka first starts discussing to the audience that women joining ISIS should not be viewed as a joke, as ISIS is extremely radical, and some women join ISIS due to the persecution of their Muslim beliefs, along with wanting a sisterhood with other young women. Returning to the article, “Georgia judge jails Muslim woman for wearing headscarf to court,” perhaps this is what Kirka is describing in her argument; that Muslims faced with intense discrimination towards their beliefs and activities of their beliefs can become radicalized and join terrorist organizations. [2] [6] The intense persecution that Kirka is describing can certainly cover Muslims being denied access to public places, and also includes brutality shown towards them and violent acts towards members of their community, like in the Rye Playland Park. [3] 1.(ACLU, 2010) 2. (Nasaw, D, 2008a) 3. (Duell, M. and Whitwell, L, 2011) 5. (Bernish, C, 2016) 6. (KIRKA, D. and Press, A, 2015) Another article from the American Civil Liberties Union titled Factsheet: The NYPD Muslim Surveillance Program, brings up that since 2002 (post 9/11), The NYPD's Intelligence Division has been deliberately profiling members of the community in order to 'prevent' terrorism which involved the NYPD spying and watching neighborhoods with a large Muslim percentage and recording license plate numbers of people leaving mosques. [7] One separate but related article by The Guardian, “Racial profiling by law enforcement is poisoning Muslim Americans' trust” would also agree with Kirka's sentiment on religious profiling when the author of the article, Sahar Aziz states, Millions of dollars are spent flying bureaucrats from various federal agencies to meet and greet Muslim leaders, most of whom are male, in an attempt to earn their trust. In those meetings, local and state law enforcement is invited to build long-term relationships with the Muslim communities in their jurisdictions.
Load more

Recommended publications
  • Catalyst Circle Bringing Racial Equity Into Focus for St
    Catalyst Circle Bringing racial equity into focus for St. Louis A reality in which a person is no more or Racial less likely to experience society’s benefits or bur- Equity: dens just because of the color of their skin. We operate in our world and live our lives unaware of many things happening around us – until there is a catalytic event. For St. Louis, for many people in St. Louis, the catalytic event to put racial equity at the forefront was the shooting of Michael Brown. Throughout its history, St. Louis has long wrestled with race relations. Today, through the diligent work of the Ferguson Commission, we can better understand our role in making our community more equitable. The goal of this work, undertaken by individuals, small groups, and organizations throughout St. Louis, is to raise the level of understanding and identify a path toward racial equity. Racial equity can come through system-wide policy changes. It can also come through YOU. By having potentially difficult conversations about race with your friends and family, we can all play a part in stemming the tide of racism. No longer being comfortable remaining a bystander to our community’s racial inequities, this work will equip you to engage in those conversations, to share insights from a mismatched history, to radically listen to those who are different from you, and to become an individual catalyst for change in our community. Why does this matter to you? To our community? Racial equity provides each of us with individual enrichment and exposes us to diversity of thought, making us each more knowledgeable and effective members of our community.
    [Show full text]
  • A Response to #Livingwhileblack: Blackness As Nuisance
    RESPONSE RACE, SPACE, AND SURVEILLANCE: A RESPONSE TO #LIVINGWHILEBLACK: BLACKNESS AS NUISANCE LOLITA BUCKNER INNISS* TABLE OF CONTENTS Introduction ................................................................................ 213 I. Nuisance, Trespass, and the Interaction Between the Two ............................................................................ 219 II. #LWB Incidents as Legal Geography: Race and Space ................................................................................ 225 III. #LivingWhileBlack and Surveillance .............................. 229 Conclusion................................................................................... 231 INTRODUCTION In #LivingWhileBlack: Blackness as Nuisance, Taja-Nia Henderson and Jamila Jefferson-Jones examine incidents wherein white people called 911 to report Black people for occupying spaces that callers believed the Black people in question ought not to occupy.1 Sadly, these incidents * Senior Associate Dean for Academic Affairs, Professor of Law, University Distinguished Professor and Inaugural Robert G. Storey Distinguished Faculty Fellow, SMU Dedman School of Law. Ph.D., LLM with Distinction, Osgoode Hall Law School, York University. J.D., University of California, Los Angeles. A.B., Princeton University. 1. Taja-Nia Y. Henderson & Jamila Jefferson-Jones, #LivingWhileBlack: Blackness as Nuisance, 69 AM. U. L. REV. 863, 863 (2020). The phenomenon of white people calling the police or personally accosting Black people based on unfounded allegations of wrongdoing
    [Show full text]
  • Candidate Number 25460
    LOSING CONTROL: REGULATING SITUATIONAL CRIME PREVENTION IN MASS PRIVATE PROPERTY * ROBERT E. PFEFFER ** Introduction Three young men enter a shopping mall. In a security office in the mall a guard monitors them via closed circuit TV. Based on their appearance, such as their ethnicity or the way they are dressed, he decides to approach them and asks for ID. They are told that if they do not produce ID, they will not be admitted. He then runs their names through the computer and finds that one of them was arrested two years before on a shoplifting charge. He tells all three they must leave. This not uncommon scenario raises nettlesome issues regarding the general right of the mall owner to exclude persons from the mall property versus the right of the young men to visit the mall, as well as whether the exclusion was based on factors — such as race, age, or ethnicity — that many would find at minimum troubling and perhaps entirely unacceptable. 1 The owner of the * This Article grew in part out of two presentations made to the faculty of the University of Mississippi. I wish to thank the faculty for the opportunity to present my ideas and for providing helpful feedback. It also was motivated by research performed under the guidance of the Faculty of Law and the Center for Criminological Research at Oxford University, and I wish to extend thanks to those institutions for their guidance and assistance. ** Of counsel, Bickel & Brewer, Dallas, Texas; Visiting Assistant Professor of Law, University of North Dakota School of Law, 2006-2007; Visiting Assistant Professor of Law, University of Mississippi School of Law, 2005-2006.
    [Show full text]
  • Dirty Data, Bad Predictions: How Civil Rights Violations Impact Police Data, Predictive Policing Systems, and Justice
    DIRTY DATA, BAD PREDICTIONS: HOW CIVIL RIGHTS VIOLATIONS IMPACT POLICE DATA, PREDICTIVE POLICING SYSTEMS, AND JUSTICE RASHIDA RICHARDSON,* JASON SCHULTZ,** AND KATE CRAWFORD*** Law enforcement agencies are increasingly using algorithmic predictive policing systems to forecast criminal activity and allocate police resources. Yet in numerous jurisdictions, these systems are built on data produced within the context of flawed, racially fraught and sometimes unlawful practices (‘dirty policing’). This can include systemic data manipulation, falsifying police reports, unlawful use of force, planted evidence, and unconstitutional searches. These policing practices shape the environment and the methodology by which data is created, which leads to inaccuracies, skews, and forms of systemic bias embedded in the data (‘dirty data’). Predictive policing systems informed by such data cannot escape the legacy of unlawful or biased policing practices that they are built on. Nor do claims by predictive policing vendors that these systems provide greater objectivity, transparency, or accountability hold up. While some systems offer the ability to see the algorithms used and even occasionally access to the data itself, there is no evidence to suggest that vendors independently or adequately assess the impact that unlawful and bias policing practices have on their systems, or otherwise assess how broader societal biases may affect their systems. In our research, we examine the implications of using dirty data with predictive policing, and look at jurisdictions that (1) have utilized predictive policing systems and (2) have done so while under government commission investigations or federal court monitored settlements, consent decrees, or memoranda of agreement stemming from corrupt, racially biased, or otherwise illegal policing practices.
    [Show full text]
  • Why Racial Profiling Is Wrong
    Saint Louis University Public Law Review Volume 18 Number 2 Civil Rights in the Next Millennium Article 4 (Vol. XVIII, No.2) 1999 Any Way You Slice It: Why Racial Profiling is rW ong Reginald T. Shuford American Civil Liberties Union Foundation Follow this and additional works at: https://scholarship.law.slu.edu/plr Part of the Law Commons Recommended Citation Shuford, Reginald T. (1999) "Any Way You Slice It: Why Racial Profiling is rW ong," Saint Louis University Public Law Review: Vol. 18 : No. 2 , Article 4. Available at: https://scholarship.law.slu.edu/plr/vol18/iss2/4 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Public Law Review by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW ANY WAY YOU SLICE IT: WHY RACIAL PROFILING IS WRONG REGINALD T. SHUFORD* INTRODUCTION It has been said that in life but two things are certain: death and taxes.1 If you are a young African-American or Latino male, however, there is an additional certainty: At some point during your lifetime, you will be harassed by the police.2 Racially motivated police harassment, vis-a-vis racial profiling, is as American as baseball and apple pie. And it has been around, in some form or fashion, for most of America’s history.3 Racial profiling happens to consumers and pedestrians, on planes, trains, and automobiles. There is driving while black (or brown), flying while black, walking while black, shopping while black, hailing (as in a cab) while black, swimming while black (six African-American youths accused of stealing a cell phone and beeper at a public pool in Michigan) and dining while black (think Miami, where a tip was automatically added to the bill of a black patron, on the assumption that blacks are poor tippers), to name a few.
    [Show full text]
  • Thurgood Marshall Civil Rights Center
    1 October 6, 2020 Maria Claudia Pulido Acting Executive Secretary Inter-American Commission on Human Rights Washington D.C. Re: Movement Lawyering Clinic at Howard University School of Law, the Thurgood Marshall Civil Rights Center, and the Center for Justice and Accountability submission to the Inter-American Commission on Human Rights Hearing on Structural Racism and Police Violence in the United States Dear Acting Secretary Pulido and Commissioners: The Commission’s November 26, 2018 report “Police Violence Against Afro-descendants in the United States,” recommended that the United States provide reparations for police violence against Black Americans.1 Since then, more evidence has accumulated justifying that demand. That evidence includes more thorough and specific documentation of the harms to victims, families, and the larger Black community, and more robust proposals for reparatory justice that have emerged from Black human rights activists in the United States including the Movement for Black Lives. In this submission, we provide a survey of these most recent developments. I. The harm of police violence includes severe damage to the mental health of both the family members of those directly impacted and the larger Black community. a. Reparations are due for harms to family members Under international laW, the victims of gross human rights violations include family members of the victims. The Inter-American Court initially recognized that family members of victims of gross human rights violations should be beneficiaries of reparations because of the deep 1 IACHR, African Americans, Police Use of Force, and Human Rights in the United States, OEA/Ser.L/V/II.Doc.156/18 (Nov.
    [Show full text]
  • Blackness As Nuisance
    RESPONSE RACE, SPACE, AND SURVEILLANCE: A RESPONSE TO #LIVINGWHILEBLACK: BLACKNESS AS NUISANCE LOLITA BUCKNER INNISS* TABLE OF CONTENTS Introduction ................................................................................ 213 I. Nuisance, Trespass, and the Interaction Between the Two ............................................................................ 219 II. #LWB Incidents as Legal Geography: Race and Space ................................................................................ 225 III. #LivingWhileBlack and Surveillance .............................. 229 Conclusion................................................................................... 231 INTRODUCTION In #LivingWhileBlack: Blackness as Nuisance, Taja-Nia Henderson and Jamila Jefferson-Jones examine incidents wherein white people called 911 to report Black people for occupying spaces that callers believed the Black people in question ought not to occupy.1 Sadly, these incidents * Senior Associate Dean for Academic Affairs, Professor of Law, University Distinguished Professor and Inaugural Robert G. Storey Distinguished Faculty Fellow, SMU Dedman School of Law. Ph.D., LLM with Distinction, Osgoode Hall Law School, York University. J.D., University of California, Los Angeles. A.B., Princeton University. 1. Taja-Nia Y. Henderson & Jamila Jefferson-Jones, #LivingWhileBlack: Blackness as Nuisance, 69 AM. U. L. REV. 863, 863 (2020). The phenomenon of white people calling the police or personally accosting Black people based on unfounded allegations of wrongdoing
    [Show full text]
  • The RISE and REACH of Surveillance Technology 2
    21st Century Policing: The RISE and REACH of Surveillance Technology 2 About the Authors Action Center on Race and The Community Resource the Economy (ACRE) Hub for Safety and The Action Center on Race and the Economy Accountability (ACRE) is a campaign hub for organizations The Hub serves as a resource for local advocates and working at the intersection of racial justice and Wall organizers working to address the harms of policing in Street accountability. We provide research and the U.S. and seeking to cultivate community safety and communications infrastructure and strategic support accountability outside of the criminal legal system. The for organizations working on campaigns to win Hub is a conduit of information and assistance for local structural change by directly taking on the financial grassroots organizations across this nation and beyond. elite that are responsible for pillaging communities of color, devastating working-class communities, This report was written by Jasson Perez, Alyxandra and harming our environment. We partner with local Goodwin, and Jessica Quiason of ACRE and Kelcey organizations from across the United States that Duggan, Niaz Kasravi, and Philip McHarris of The Hub. are working on racial, economic, environmental, and education justice campaigns and help them connect Special thanks to Kendra Bozarth, Tracey Corder and the dots between their issues and Wall Street, so that Carrie Sloan for your invaluable edits. each of the local efforts feeds into a broad national movement to hold the financial sector accountable. Acknowledgements We want to thank the following people for taking time to speak with us about their work and law enforcement surveillance generally: • Albert Fox Cahn, Esq.
    [Show full text]
  • Virtual Forum Healthcare Disparities Through the Lens of Diversity During the COVID-19 Pandemic
    Virtual Forum Healthcare Disparities Through the Lens of Diversity During the COVID-19 Pandemic June 13, 12:00-2:00pm EDT Disclosures Research Advisor/ Employee Speakers Books, In-Kind Stock/ Honorarium/ Funding Consultant Bureau Intellectual services Equity expenses Property (travel) Al-Mateen None None VCU None American N/A None N/A Psychiatric Press; Springer Caraballo None None None None None N/A None N/A Oatis None None None None None N/A None N/A Adam 2018 & None University of None None N/A None Greater St. Louis 2019 Missouri- ROCAP AACAP Columbia Advocacy & APA Collaborati on Grant Recipient Disclosures Research Advisor/ Employee Speakers Books, In-Kind Stock/ Honorarium/ Funding Consultant Bureau Intellectual services Equity expenses Property (travel) Cho None None None None American N/A None N/A Psychiatric Press; Springer Li None None None None American N/A None N/A Psychiatric Press; Springer Fortuna Patient None University of None None N/A None N/A Centered California, Outcome San Research Francisco Institute Disclosures Research Advisor/ Employee Speakers Books, In-Kind Stock/ Honorarium/ Funding Consultant Bureau Intellectual services Equity expenses Property (travel) Hoffman None None None None None N/A None N/A Daily None None None None None N/A None N/A Livingston None None None None None N/A None N/A Cullins None None None None None N/A None N/A Agenda Time Topic Speaker 12:00 noon Address from President Gabrielle Carlson 12:05 pm Introduction/Review of Health Disparities Cheryl Al-Mateen, Angel Caraballo AACAP Caucus/Committee Presentations Melvin Oatis, Moderator 12:15 pm Asian Caucus Jang Cho, Annie Li IMG Caucus Balkozar Adam Rural Committee Thomas Hoffman Native American Committee Susan Daily, Richard Livingston Latinx (Hispanic) Caucus Lisa Fortuna Black Caucus Lisa Cullins 1:45 pm Q&A Melvin Oatis, Moderator Gabrielle Carlson, MD Presidential Comments Syndemic two or more afflictions, interacting synergistically, contributing to excess burden of disease in a population.
    [Show full text]
  • Racism in Media: How Media Shapes Our View of People of Color in Society
    Merrimack College Merrimack ScholarWorks Community Engagement Student Work Education Student Work Spring 2020 Racism in Media: How Media Shapes our View of People of Color in Society SeMarial Wilder Merrimack College, [email protected] Follow this and additional works at: https://scholarworks.merrimack.edu/soe_student_ce Part of the Communication Technology and New Media Commons, Gender, Race, Sexuality, and Ethnicity in Communication Commons, and the Mass Communication Commons Recommended Citation Wilder, SeMarial, "Racism in Media: How Media Shapes our View of People of Color in Society" (2020). Community Engagement Student Work. 46. https://scholarworks.merrimack.edu/soe_student_ce/46 This Capstone - Open Access is brought to you for free and open access by the Education Student Work at Merrimack ScholarWorks. It has been accepted for inclusion in Community Engagement Student Work by an authorized administrator of Merrimack ScholarWorks. For more information, please contact [email protected]. 1 Running head: RACISM IN MEDIA Racism in Media: How Media Shapes our View of People of Color in Society SeMarial Wilder Merrimack College 2020 RACISM IN MEDIA 2 MERRIMACK COLLEGE CAPSTONE PAPER SIGNATURE PAGE CAPSTONE SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE MASTER OF EDUCATION IN COMMUNITY ENGAGEMENT CAPSTONE TITLE: Racism in Media: How Media Shapes our View of People of Color in Society AUTHOR: SeMarial Wilder THE CAPSTONE PAPER HAS BEEN ACCEPTED BY THE COMMUNITY ENGAGEMENT PROGRAM IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF EDUCATION IN COMMUNITY ENGAGEMENT. Audrey Falk, Ed.D. May 8, 2020 DIRECTOR, COMMUNITY SIGNATURE DATE ENGAGEMENT Melissa Nemon, Ph.D. May 8, 2020 INSTRUCTOR, CAPSTONE SIGNATURE DATE COURSE RACISM IN MEDIA 3 Acknowledgements Thank you so much to my parents, Mary Ann Vivians and Linnie Vivians for always supporting me in everything I do.
    [Show full text]
  • "Driving While Black": Corollary Phenomena and Collateral Consequences
    University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 5-1999 "Driving While Black": Corollary Phenomena and Collateral Consequences Katheryn Russell-Brown University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Civil Rights and Discrimination Commons, and the Law Enforcement and Corrections Commons Recommended Citation Katheryn Russell-Brown, "Driving While Black": Corollary Phenomena and Collateral Consequences, 40 B.C. L. Rev. 717 (1999), available at http://scholarship.law.ufl.edu/facultypub/230 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. "DRIVING WHILE BLACK": COROLLARY PHENOMENA AND COLLATERAL CONSEQUENCES KATHERYN K. RUSSELL* INTRODUCTION: STATEMENT OF THE PROBLEM In the public arena, issues of race continue to command center stage.' The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been allowed to claim victory without giving any ground.
    [Show full text]
  • Racially Motivated 911 Calls As a Form of Private Racial Profiling*
    #LIVINGWHILEBLACK: RACIALLY MOTIVATED 911 CALLS AS A FORM OF * PRIVATE RACIAL PROFILING I. INTRODUCTION Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people.1 Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities.2 These everyday activities have included a family eating at Subway, a young girl selling bottled water, friends checking out of an Airbnb, a group of women golfing, a child accidentally mowing a part of someone else’s yard, and so many more.3 “For whites—most of whom never think twice about driving the highway, shopping at the mall, eating at a restaurant, entering an elevator, or walking around their block—there is no parallel experience.”4 When someone makes a 911 call reporting Black people for an illegitimate reason, the response from police varies. These 911 calls serve as a reminder to Black people and other people of color of their marginalized place in society.5 This issue is even more problematic when considering the history and effects of policing and the resulting trauma on Black people.6 This Comment suggests legal remedies for the victims of racially motivated 911 calls to deter subjecting innocent people to unnecessary intrusions on their peace due to callers’ biases. This Comment uses hashtags in recognition of how social media has shaped racial justice conversations and to connect this Comment to the evolving discussion of #LivingWhileBlack. Hashtag activism is the latest development in digital activism that involves “discursive protest on social media united through a hashtagged word, phrase * Chanelle N.
    [Show full text]